A. Power Of Council To Order Construction: The town council may order sidewalks, curbs and gutters, or any combination thereof, repaired or constructed in front of any lot or parcel of land without the formation of a special improvement district, and whenever the council shall order any such sidewalk, curb and gutter, or any combination thereof, constructed, such order shall be entered upon the minutes of the council and shall name the street along which said sidewalk, curb and gutter, or any combination thereof is to be constructed. (1977 Code § 12.24.010; amd. Ord. 07-012, 7-10-2007)
B. Written Notice: After the making of such order, written notice thereof shall be personally served on the owner or agent of such property. If personal service cannot be obtained, then the notice shall be published in a prominently displayed advertisement, once a week for four (4) successive weeks in a newspaper in the town, or if no such paper exists, in a newspaper within the county.
C. Failure To Comply: If the owner or agent of such lot or parcel of land shall fail or neglect for a period of thirty (30) days after the date of service of such notice to cause such sidewalk, curb and gutter, or any combination thereof, to be constructed, the town may construct or cause such sidewalk, curb and gutter, or any combination thereof, to be constructed, and shall assess the cost thereof, including engineering costs and the costs enumerated in Montana Code Annotated sections 7-12-4121 and 7-12-4169, against the property in front of which the same is constructed. The collection of the assessed costs shall be as provided in Montana Code Annotated sections 7-12-4181 through 7-12-4191. (1977 Code § 12.24.010; amd. 2000 Code)
D. Payment For Construction Directed By Council: When any such sidewalk, curb and gutter, or any combination thereof, is constructed by or under direction of the council, payment for the construction thereof shall be made by special warrants in such form as may be prescribed by ordinance drawn against a fund to be known as special sidewalk, curb and gutter fund, and the council may provide for the payment of said interest annually. (1977 Code § 12.24.010)
E. Payment Of Assessments: The payment of assessments to defray the cost of construction of said sidewalks, curbs and gutters, or any combination thereof, may be spread over a term as prescribed by the town council. (Ord. 07-012, 7-10-2007)
F. Levy Of Assessment: The council shall annually, and before the first Monday of October of each year, pass and adopt a resolution levying an assessment and tax against each lot or parcel of land in front of which sidewalks, curbs and gutters, or any combination thereof, have been constructed under orders the council. Said resolution levying such assessment shall be in every manner prepared and certified the same as resolutions levying assessments for the making of improvements in special improvement districts. (1977 Code § 12.24.010)